Bass v. Nelms
Mississippi Supreme Court
Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. In 1862, J. M. Bass pui’chased of Nathaniel Bagan a small tract of land, paying part of the purchase-money in cash and giving his two promissory notes for the balance. Bass became a bankrupt, and in August, 1868, Eagan filed a bill against him and his assignee in bankruptcy, to enforce the vendor's lien for the purchase-money remaining unpaid.
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Appeal from the Chancery Court of Tippah County. Hon. A. B. Fly, Chancellor. In 1862, J. M. Bass pui’chased of Nathaniel Bagan a small tract of land, paying part of the purchase-money in cash and giving his two promissory notes for the balance. Bass became a bankrupt, and in August, 1868, Eagan filed a bill against him and his assignee in bankruptcy, to enforce the vendor's lien for the purchase-money remaining unpaid. In September, 1879, Eagan obtained a, decree for the sale of the land, but the sale was enjoined by Bass. Some time thereafter the injunction was dissolved and the land was…
1Opinion of the CourtSimrall, C. J.
The questions necessary to be considered in this case are somewhat obscured by the large mass of matter in which they are encompassed.
The complainant relies upon a series of acts commenced in 1868, and terminating in 1872, with which Nelms, the defendant, is intimately connected, charged in his bill to have been conceived in fraud, and contrived to defraud him of the quarter-section of land, the subject of controversy.
Eagan sold the land to Bass in 1862, for a cash payment, and two instalments, of $255 each, at one and two years; represented by notes at ten per cent interest. It appears from…
2Cases cited4 opinions
- Field v. WeirMississippi Supreme Court · 1854
- Maury v. SmithMississippi Supreme Court · 1871
- Hanson v. FieldMississippi Supreme Court · 1868
- Drane v. WinterMississippi Supreme Court · 1867
3Cited by9 opinions
- Floersheim v. Board of CommissionersNew Mexico Supreme Court · 1922
- Conwell v. NealSupreme Court of Georgia · 1903
- Laine v. FrancisMissouri Court of Appeals · 1884
- Edward Hines Yellow Pine Trustees v. KnoxMississippi Supreme Court · 1926
- Vicksburg Water Works Co. v. Mayor of VicksburgMississippi Supreme Court · 1910
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